00:00:11,200	And let’s start off with roll call. Board member Wangler. Here.. Janssen here. Seifert here. Lee here. Clark here. Thank you. Great. So we’ve got a quorum. Um, the next item I’d like to address is public comment. Our last meeting, I think, was in June.

00:00:32,700	So if we’ve got anyone who wants to follow up on comments with that from members of the. Public. And I don’t see anyone standing up to make any comments about our June meeting. So we’ll move on to our next.

00:00:48,870	We’ll close public comment on on June, and we’ll start off with approval of our meeting minutes, as everyone had a chance to review the minutes that were distributed. Do we have a motion from anyone? I’ll move to approve the minutes. We’ve got a motion a second. Second. Thank you. Um. Any discussion? If not, we’ll take roll on the minutes. Board member Seifert. Yes. Janssen. Yes. Wangler. Yes. Lee. Yes. Clerk. Yes. All right.

00:01:14,470	Now, let’s get to the real reason we’re here today. Um, item number three is, uh, number four is the public hearing on the appeal and notice of Barbie’s neighborhood subdivision block one, lot E of lot one, which is 2515 East Main Avenue. And we’ll just pause. For a second while we get. Our technology working.

00:01:56,970	Yeah, it’s not really my favorite. It works now. Thanks for your patience. Chair. Clerk. Board members Nora Hamri no DAC recreation, LLC is appealing the July 13th, 2026 notice in order for his property located at 5215 East Main Avenue. The property is located in East Bismarck.

00:02:43,530	It is in city limits, east of North Bismarck Expressway, in the southeast quadrant of the intersection of East Main Avenue and 52nd Street Northeast. A notice an order was issued following a zoning interpretation by the Planning Director and Zoning Administrator from June 19th of this year. A copy of that interpretation was included in your packet. The property is zoned CG Commercial. Um.

00:03:08,030	Storage is not permitted within that particular zoning district. The city zoning ordinance classifies storage as an industrial group A, which is permitted only in the M A and m B industrial zoning districts. Sales currently occur at a separate property owned by Nordic Recreation, located at 1429 Burlington Avenue.

00:03:29,970	The applicant has indicated a willingness to transition toward utilizing the site as the primary retail location, but this has not yet occurred. The notice and order requires compliance with the city’s zoning ordinance. By October 11th of this year. To comply. Novak Recreation must take one of the following actions one.

00:03:51,300	Remove all items currently being stored on the property, or move all sales activities to the property and complete the required site development, including approval of a site plan. Completing all required site improvements such as paving the property, implementing appropriate stormwater management measures, and installing landscaping, including a buffer yard along the south side of the property. The property was zoned CG commercial in 1978.

00:04:17,400	A zoning map amendment was requested in 2025 by a previous property owner to rezone the property to a conditional Ma industrial zoning district. The conditional zoning would have limited industrial uses to outdoor storage, portable storage containers, and accessory buildings, and meet development standards for outdoor lighting, noise and odor control, and landscaping and screening.

00:04:37,870	The Planning and Zoning held a public hearing on the Zoning Map amendment in February of 2025, and voted unanimously to deny the request. The staff report and meeting notes from this meeting were included or hypertext in your packet fill material to create a developable area was placed on the property in spring summer 2024, around the time an excavation permit was

00:04:59,600	approved to relocate an existing approach south to its current location. The property was transferred to the applicant in June of 2025. Around that time, gravel was placed on site and storage of recreational vehicle vehicles, campers, boats and trailers began.

00:05:22,530	A code compliance case was opened on July 14th, 2025, after a complaint was received that recreational vehicles were being stored on site. Case details, including inspection notes, correspondence and pictures, were attached to your staff. Report. The public has been notified of this request. 35 postcards were mailed to the owners of nearby properties on August 21st.

00:05:42,400	A physical sign providing information on the public hearing was placed in a publicly accessible spot on the project on August 21st as well. We have received one written comment regarding the request, which was sent to you prior to this evening’s meeting. Planning staff also received one phone inquiry from a neighbor.

00:06:02,170	The zoning ordinance describes a CG commercial zoning district as a heavy commercial area located outside the central business district, intended to provide commerce and services to Bismarck and the surrounding region. The CG commercial zoning districts permits multifamily residential uses. General commercial uses, including the retail Group B retail Group B is a use where the principal activity is retail sale of merchandise taken by a truck.

00:06:23,400	Examples of that include auto, truck and trailer sales, commercial greenhouses, and farm implement stores. The planning director and also the zoning administrator reviewed the zoning ordinance and, based on site observations and discussions with the property owner, confirmed that this lot is used to store inventory, determine that the property is being used for storage, which is categorized as an industrial

00:06:43,730	group A in the zoning ordinance and not permitted within the CG commercial zoning district. Industrial Group A is permitted, however, in Ma and MB industrial zoning districts. Staff ask that you review the information that was submitted for this appeal, and hear testimony made during the public and either one upholding the notice and order.

00:07:09,800	The board then agrees that the Planning Director and zoning administrator’s interpretation you agree with it, and that the notice and order remains fully in effect and the property must be brought into compliance. Or you can overturn the notice in order.

00:07:30,670	The board then would determine that the planning director and zoning administrator erred in interpreting the zoning ordinance and thereby, therefore, you cancel the notice and order allowing the applicant to proceed without corrective actions. I’m happy to answer any questions, but we do have a full staff here. Planning Director and Zoning Administrator Daniel Nairn is here. Building official Brady Bartowski and code enforcement Officer Annie Hodgson. Thank you, Jenny. And City Attorney Julie Meese.

00:07:54,170	Um, I have one request, and that is. Can you help us distinguish today’s activities where we’ve got an interpretation versus typically we have a variance request. Sure. And we typically don’t see a lot of zoning notice and orders based on zoning. Interpretation.

00:08:16,270	Um, is there any interpretation needs to be made in order for the process to continue on to any kind of corrective action with our compliance officers and the building inspection teams? So the zoning ordinance or the zoning interpretation was sent to the inspections department, basically outlining what I mentioned earlier, that the property is deemed to be in noncompliance as storage is

00:08:35,330	being used on site and storage is not allowed in that zoning district. That interpretation sent over to the inspections department, allowed them to follow through with their code enforcement. Thank you. And then also, just to refresh our memory, that to overturn the interpretation, we would need four out of five. Is that that is correct.

00:08:55,470	Okay. And to uphold we need a simple majority. I believe. So okay okay. Thank you. Thank you. Any other questions? You’re free. Thanks. Um, at this time, let’s open up our hearing, uh, for public comment. Let’s start off with our appellant. Do we have somebody representing our appellant or that Mr. Hamri? Good evening, Chair Clark.

00:09:27,570	Members of the board. My name is Noah Hamri. I’m the owner of Novak Recreation. And the property at 5215 East Main Avenue. Um, I’d like to break my requests into two parts tonight. So first, I’d like to stress. Or. Sorry, I’m a little nervous.

00:09:45,730	First, I would like to address how this property is currently being characterized, particularly by the repeated use of the word storage. Second, regardless of how the board ultimately views the current previous use, I want to explain that this property, what this property is becoming, and the steps I have already taken to get there, and why I believe allowing me to continue

00:10:03,870	operating during that process is reasonable. So first, this is not a RV storage business and it never has been. No DAC recreation is RV dealership or businesses include RV sales, consignments and repairs. Everything currently sitting on my property is a business asset.

00:10:23,600	All campers there are either currently for sale or will be offered for sale in the near future. I’m not being paid by customers or members of the public to store their RVs here. In fact, I receive multiple calls every single week with people asking me if I’ll store their campers. And the answer is always no. I don’t offer storage. I don’t advertise it.

00:10:40,870	I don’t solicit storage customers. I don’t charge people to leave their RVs here for storage. Everything you see on this lot is connected directly to my dealership. It’s either for sale now or will be for sale.

00:10:57,800	I believe there’s an important difference between operating a RV storage facility where people pay a business to store their property, an RV dealership having its own business assets and inventory sitting on its dealership property, the city’s own interpretation recognizes RV and trailer sales as retail Group B and retail Group B is an allowed use within CG zoning.

00:11:22,330	This location is used as a place where customers can come to pick out a camper by looking at multiple options. They can do an inspection. They can ask all the questions they want about it, and we can negotiate a deal there.

00:11:41,600	So I respectfully ask the board to consider whether my actual principal use of this property is characterized or, sorry, whether my actual principal use is properly characterized as prohibited storage simply because dealership inventory is physically located on the property. I’m not asking for permission to operate a RV storage business. That’s not my business, and it’s not what I intend to do here.

00:12:02,170	So then second, regardless of that question, this is becoming my primary dealership. Um, regardless of how the board ultimately characterizes the previous or current use of the property, I want to be very clear about its purpose and what my intentions are going forward. This property is going to be the primary dealership location for Novak Recreation.

00:12:24,270	My plan is to develop this property into a permanent commercial RV dealership with an office, shop, customer area, dealership, inventory, as well as all the required landscaping, appropriate surfacing, and other improvements required by the city. Um, I believe there are some circumstances unique to my my situation that are important for the board to consider.

00:12:48,930	First, I did do my due due diligence before moving forward with this property for approximately a year I operated my business believing I was doing so properly. I had worked through the requirements of North Dakota Dealer Services and Ddot, who determined that I was in compliance with state regulations, and my understanding was that an RV dealership was allowed commercial use in this zoning

00:13:07,530	district. I did not knowingly purchase a property intending to establish a prohibited use, and then ask the city to overlook it. Second, this property is far from an ideal development site. What was once largely a wetland with an assessed value of approximately $7,000 has already been transformed and is now an actual usable lot.

00:13:33,730	Um, through a substantial investment and improvement. And right now it’s valued at approximately 300,000. Um, there’s also unusual circumstances with the property itself, as this is not your typical undeveloped commercial lot. Substantial portion of this property is still affected by wetlands and floodplain conditions, which makes developing it significantly more difficult than a typical commercial lot.

00:13:59,870	And because of these unique circumstances, the development process requires additional permitting. Engineering site preparation and coordination, making this property considerably more difficult and time consuming to develop. When this property was acquired, much of it was essentially a slew that had accumulated garbage and a very limited productive use.

00:14:24,500	I’m taking this property and making a substantial investment to turn it into a functional, attractive commercial property. When this project is done, I expect the property and improvements to represent an investment. Around $1.5 million.

00:14:47,970	These conditions do not make development impossible, but they do make it unrealistic to expect this property to be developed in the same timeline as a typical ready to build commercial lot. When I learned the city’s expectations were different from what I had understood, I didn’t stop cooperating. I immediately started developing a measurable plan, asking questions, um, to see what I can do to bring the property into compliance. I’ve met with city staff.

00:15:09,300	I’ve hired engineers, I’ve hired contractors, I’ve signed contracts. Um, with me here today. I have preliminary structural and civil engineering type plans, as well as a rendering of the building. If anyone would like to see them.

00:15:29,770	Um, I’ve also continued working with North Dakota Dealer Services, who has indicated that once I have a site plan moving forward, Dealer Services is willing to allow me to use a temporary office during construction, provided the city agrees. So I’m not asking the board to rely on a promise that maybe someday I will develop this property. There’s a plan.

00:15:46,170	There are measurable steps, and I’m already spending the money necessary to carry it out. So here’s the hardship. This is where I believe the city’s current requirement creates an unnecessary hardship. This the improvements the city require costs money.

00:16:07,400	My business is what provides me with the means to make those improvements, requiring me to stop operating my business and remove all my dealership inventory while simultaneously requiring me to make a substantial investment in developing the property works against the very goal we are both trying to accomplish. I’m not asking to avoid those improvements.

00:16:29,870	I’m asking to continue operating temporarily while I make them a temporary arrangement that allows the dealership to continue operating while I meet specific development milestones, preserves my reasonable use of the property, and allows my business to generate the revenue necessary to complete the required improvements. I believe that is fundamentally different from asking for a permanent exemption. I am also asking the board to consider how limited and minimal the relief I’m requesting actually is.

00:16:52,330	I’m not asking for permanent gravel. I’m not asking to eliminate landscaping. I’m not asking to avoid stormwater management. I’m not asking to permanently operate without a building. I’m not asking to change the long term requirements that apply to this property. I am willing to comply with them. I just need more time.

00:17:14,270	What I’m asking for is temporary relief that allows me to continue operating while that work takes place. In my view, that is the minimum relief necessary to solve the problem. Now lastly, I’d like to discuss purpose, intent, and public welfare. I don’t believe the relief I’m requesting defeats the purpose of the zoning ordinance.

00:17:35,530	The long term result is actually what the ordinance is intended to accomplish. The property will become a developed commercial dealership. The required improvements will be made and the site will be improved. I have I will have a permanent business location that complies with the applicable standards. I’m not asking the board to sacrifice the long term purpose of the ordinance for my benefit.

00:17:57,530	I’m asking for a temporary path that gets us to the same end result without unnecessarily damaging businesses along the way. I believe that’s a reasonable outcome for both sides. I retain usable, reasonable use of my property and the ability to operate my business while paying for those improvements and the surrounding neighborhood ultimately gets a significantly improved and properly developed commercial

00:18:21,000	property. So tonight, I respectfully ask the board to consider both parts of my request. First, whether the dealership owned inventory that is for sale or will be for sale should actually be characterized as prohibited storage use. When I do not operate an RV storage business in any way.

00:18:44,400	And second, regardless of how the board’s how the board decides that issue, whether the circumstances of this property and my active development plan justify temporary and limited relief while I bring the property into full compliance. I’m not asking to avoid compliance.

00:19:04,970	I’m asking for a reasonable way to achieve it, allowing me to continue operating while completing site development rather than requiring me to stop operating in order to make those same improvements. Accomplishes the city’s goal while preserving while preserving the reasonable use of my property. And that’s the relief I respectfully ask the board to grant. Thank you for your consideration. Thank you.

00:19:25,670	Um, one comment I have is the first point you bring up when you talk about inventory versus storage. That seems, uh, specifically focused on our interpretation that we have in front of us today.

00:19:43,670	The second thing you point out is your long term plan to develop and how it you have unique circumstances is probably better suited for a variance request, which I do not have in front of us today. I did ask several people about that, and I was basically told I can’t do that and that we have to wait till this is done. Probably, probably right, probably to have it done after this is completed. Okay.

00:20:01,730	Um, because variance request essentially accepts that the interpretation is correct, but you’ve got the special circumstances. So one of the things I want to do is bring everyone’s attention that today we’re really dealing with that first element that you raised. And that’s the interpretation about whether your inventory is considered storage.

00:20:20,300	And the other discussions are probably better suited for that variance. If that does evolve and happen in the future. Um, are there any questions for Mr. Henry? Just for clarification, when you purchased.

00:20:44,300	The property, was there some was there some of the parking lot already there? Was there some fill already placed on the site, or did you do all of the fill on that? So the fill was placed. It was just dirt. Every time it rained it would get super muddy. So I did put I added 600 tons of crushed concrete to that lot last year.

00:21:09,600	When you purchase a property, were you aware that the change in the, um, conditional Ma was denied? So I was aware of that. And so I’ve talked to Thomas Vetter, who’s the one who did that. And he told me it was denied. He wanted to change the zoning so he could sell it for more money. That was his only reason.

00:21:30,100	He had no plan with the lot. So he told me that’s the reason it was changed. He was never trying to rezone it to make it for storage. Is my understanding. Okay? Any additional questions for Mr. Henry? All we’ve got on. Here. Thank you so much for your for your testimony.

00:21:56,800	Let’s open this up for additional, uh, public comment. Do we have anyone else would like to come up and state your name, please? Thank you for having us here today. My name is Ben. I’m hoping to start a used car dealership sometime in the next couple of years. Actively looking for lots.

00:22:14,130	But I’m here to support Noah. He’s been a good friend of mine and helped me with many things. Um, I don’t know. Am I able to ask you questions? Um, no, I can try. Well, it seems like the. If point of is for clarification. Yeah, we’re doing.

00:22:35,070	The point of the discussion is whether the law is being used for sales or storage. That’s correct. Okay. When I look at like, selling vehicles for myself, I’m going to meet clients on the site. I’m going to exchange money with them on the site.

00:23:01,730	And so it seems that sales would be a very clear use case of the site. And. To me, that seems like reasonable and I mean, I don’t know. Any comments. Okay. So if I understand your position correctly, is that you’re saying the use of the property today, uh, falls within CG commercial because it is sales? I believe so, especially given that Dot has approved it for

00:23:31,070	that use case. Dot accepts it as a lot for sales, and they have to in order to let him sell there. Okay. And so that yeah, that would be my stance, my interpretation of it. Okay. Ben can you state your last name, please? Uh Kostelecky. Can you spell that for me? Yep. KESTER. K e.

00:23:58,930	Just like it sounds, right? Yep. German, I think. Thank you. Thank you guys. Thank you. Any questions for Ben? Thanks for your testimony. Yep. Mr. hammer, did you want to supplement your testimony on that or. Yep. Okay. Yeah. So with that, um, D.O.T. did approve it to use as a secondary lot.

00:24:25,000	So I have two locations. I have my, um. I can’t think of the address right now. My main shop down behind Sam’s Club. Yep. Which. So that’s my licensed primary dealership location. So that’s where I have to actually exchange the money by the OT law. So everything else I can do at my secondary lot, which is what this was licensed as.

00:24:46,900	So that’s why that’s where I can meet customers there. Um, they can look at everything, ask questions, do their inspections, do their pickups, negotiate a price. But at my shop is where the actual money exchanges hands. Or they may all check to my shop. But that’s just what I wanted to clarify.

00:25:02,330	Okay. Thank you so much. Do we have any other public comments? And I don’t believe that we have anyone participating remotely, so at that point, I think I will close our public hearing on this. And we as a committee can discuss this, um, as a board can discuss this again.

00:25:31,230	Um, as Jenny helped clarify, this is a variance. This is not a variance request. So that was how I why I made that distinction between some of the comments that Mr. Hamri made. Um, this is an interpretation request. We have the option of upholding, which would require a straight majority.

00:25:55,270	We can, um, overturn that would require four out of five. Or we could modify. That is another thing that the ordinance allows us to do. What I do want to bring to your attention, if we modify, is we’d be focusing on the zoning ordinance interpretation, not the notice and order, but the zoning.

00:26:13,970	Um, ordinance interpretation. And that’s that document dated June 19th, 2026. Uh, page 16 of our application agenda packet. Um. So I guess at this point, I would entertain any motion you might have and we can have some discussion. Once we have a motion on the table.

00:26:46,400	Turn clerk can I get clarification from like maybe Daniel or somebody that you’re not. Um, denying this because of rental. It’s just because of storage not storage rental. Correct. Are you are you classifying as storage rental? I mean, he brought up that he’s not renting campers, and it’s just his storage for sure. Thank you. Um, uh, Mr. Seaford chair.

00:27:12,170	So the when when we’re making judgments about the classification of a land use, really, we’re not considering the nature of the business so much as how this particular site is being used. I mean, there are many businesses that may have multiple sites for different functions of their business.

00:27:31,030	And so in our estimation, based on site visits and how the property is being advertised, whether business hours are being posted or not, how it’s being currently used today, that the principal use does not appear to be retail, but rather storage based on all the factors, um, of the current use of that site.

00:27:46,400	So, um, so we have no dispute about the nature of their business, and they do have approval through the Dot to operate as a vehicle sales. Um, and that’s certainly, uh, their plans to develop the site and, uh, and come into compliance as a retail sales. We have no dispute with that either.

00:28:02,430	And I think we’ve been working with them on that and discuss having discussions about that. However, really our job is just to look at the site as it is today and make a determination of how it’s being used.

00:28:20,970	And one more thing, and also that the dot they did write a letter, I guess it was to Annie that it still has to be in compliance with the city’s ordinances. Correct? I believe so, I, I wouldn’t know that for sure, but I. Yeah, that’s what I’ve got in our packet here. Confirmation from the city of Bismarck verifying compliance with the city’s ordinances from the Dot. So okay.

00:28:48,770	Clerk excuse me I have further I have a further clarification for for Mr. Naran. If someone if a if a one of the larger car dealerships in town had a separate lot that was away from their current business and restoring cars there, or if a RV, another RV sale place had us had a separate property elsewhere that they were storing vehicles on.

00:29:07,570	That was like excess inventory. Or if someone was selling trailers that they had excess inventory and restoring them on a lot, and the primary business was someplace else, would all of those fall under the same category? So, uh, Commissioner Lee, chair, I think that would be the similar situation to what we see today.

00:29:24,600	And I think we would consider similarly. So they would have their primary site where that retail activity is occurring directly would be the retail group B, and then whatever other site they may have would be would be a storage site. Okay. Thank you. Um.

00:29:46,400	And on that same line, it seems to me that the biggest issue here is not that there maintaining inventory at that site. I don’t care if we call it storage or satellite site. You’re not allowed to to have merchandise.

00:30:14,670	I don’t care how you you play it, but you’re not allowed to have merchandise there because it is commercial and not industrial unless you’re selling it. There. So if it was zoned industrial, they’d be totally fine. Or they could have a satellite lot on any other industrial site in the city of Bismarck and do what they’re doing now. But they can’t have inventory on a commercial site unless they’re selling it.

00:30:38,200	They’re with a building and all of that, and it has to be, I believe, a permanent building, 250ft or bigger does that. Then all include that? They’d have to have the whole lot paved, and they’d have to have the buffers and all of that stuff in place before they could do that.

00:31:01,600	So I, Commissioner Wangler chair. So, so that that is correct. And there are really two questions at hand here. Uh, there there is a use question which we’ve been focusing on whether it’s storage or retail. And then the other part of it is the development standards, the landscaping, the paving and all of those things.

00:31:18,730	So really our, uh, the standards are different, whether it’s industrial, commercial, but both would have those standards. And the site plan is the process by which staff reviews and, and determines whether those standards are met. And the applicant is starting that process. And we have a we call it a scoping sheet.

00:31:37,730	And they have some preliminary site plans. But we have not been through that process or seen an application yet for this site to determine whether all those development centers can be met. Any additional questions? While we’ve got Danielle up here? Thank you. I do have one more question.

00:32:14,300	You indicated we have a third option besides accepting or denying the interpretation on this June 19th letter and the order, and that you said was with. We could put some conditions on that.

00:32:37,800	My reading of our ordinance that creates us is that when we have an interpretation in front of us, we can uphold, overturn or modify. My position is if we were to modify, we would not be modifying the notice in order. We would be modifying the zoning ordinance interpretation, which is page. That document on page 16, so that is the interpretation that this is, uh, storage versus sales. And that that’s how I read it. Does that make.

00:33:25,770	Sense? And we do have resources from the city here. If there’s anyone else you want to hear from. I have another question. Um, the notice and order had a deadline of in October, I believe, to bring everything into compliance.

00:33:54,130	Is there a way to appeal, or is there a process whereby that deadline is modifiable? If that’s a word? Um, my interpretation of this is that we are looking at the zoning ordinance interpretation and whether we would want to modify the interpretation. I understand that I just had a question. If the other part was modifiable, if that’s. Um, that’s not how I read it. Um, we do have legal counsel.

00:34:11,200	No, not not for us to modify if it’s modifiable, not by us, but by, by staff. And I. Think that is up to the city whether they would want to modify that. Board. Brady Bukowski, a building official for the city of Bismarck. Yes. To your to your question.

00:34:30,930	Um, that is modifiable. Um, I guess we’re not prepared to modify that today, but I mean, certainly there’s there’s ways that we negotiate all, um, violations, whether it’s building or zoning related.

00:34:49,130	Um, we’re here today just because of that notice in order being sent when it was felt there was enough time between then and now to get or then in October 11th to make more progress. Um, nonetheless, here we are today. Thank you. I misunderstood what you’re saying. Saying thank you for clarifying. I’m just looking at the at the zoning interpretation letter that Mr.

00:35:31,000	Nairn provided the use under under what? I, what I understand to be a long term interpretation by the planning department that this would be a storage use. And so I would move to uphold the the interpretation. Okay. Thank you. We’ve got a motion. Do we have a second.. Second. We have a second.

00:35:48,770	Is there any discussion you’d like to have on this motion. I’d like the analogy you made of if it were a car dealership and they had a secondary lot, I would distinguish that from the primary sale location. Um, and I think that’s encapsulates kind of my view of this, is that this is overflow storage, it’s inventory storage.

00:36:19,830	And that is how I would look at it as well. Any further discussion? If we do uphold the interpretation, recourse would include the possibility of appeal to planning and zoning. Is that right? City. City. Commission to city commission. Um. Just for clarification, I’m sorry.

00:37:05,300	Did I cut you off? Did you have a comment? I do, and I guess the. I see what he’s trying to do, and I think it’s a great thing that you can finally get some development on what has always looked like.

00:37:24,100	I mean, yeah, you drive down that road and it looks like that’s always going to be a ditch. Um, so to turn it into something useful I think is great. Um, and I think with Commissioner Lee’s statement that if they have a satellite lot for a car dealer or another recreation dealer, as long as that land that they’re using can be used for that purpose.

00:37:50,230	Storage, it would have to be commercial for that purpose. If it’s industrial, they can’t take and put all their cars over there and store them there. In the city of Bismarck. It’s just. Yep. Just the opposite. Yep. They could, they could, they could stored there in industrial but not in commercial.

00:38:07,630	Yeah. If it’s. Yep. It has to be industrial. Right. To store there. And that’s where the issue comes in. Um, my only thought would be is the interpretation of. You know, the money doesn’t change hands on that lot.

00:38:36,000	So does that make it an industrial or does that take away from it being commercial use because the vehicles are displayed there? You’re saying does that the but for the fact that money doesn’t exchange, would it be, uh, a sale location versus right, a storage location. Versus a storage location? Right. Um, it it acts as a sales unit, except that the law requires that the money changes hands at a different building.

00:39:05,900	Other than that, it’s a sale location. And there is a separate building that to be a sale location. My reading of that is they need to be encompassed in the same location. Exactly right. The law states that you have to exchange the money on this spot, but. And store your records and. Have store.

00:39:25,200	Your X many square feet and all the things that go along with having sales. Yeah. So it in that sense, I feel it’s almost a technicality and I understand the interpretation. The building officials cannot interpret the law in whichever way they want to see fit.

00:39:48,770	There are some real guidelines there that they have to live with and some guidelines we have to live with. I think he’s got I think he’s got sales, merchandise in that commercial spot. He just doesn’t follow through with exchanging money. There because a law doesn’t allow that. He has to have that at a different address, and that it makes it difficult.

00:40:12,570	Right. And I think he raises some wonderful points when it comes to improving that property. And right, including the site, improving the site. And there may be some there may or may not be some extenuating circumstances that make him unique.

00:40:34,000	Um, but I wanted to distinguish that from what we’re deciding today, because that would be more what we would do in a variance request. Whereas what we’re doing today is looking at the interpretation and whether the interpretation made here, um, is correct and whether they would want the same interpretation if another business came in with similar circumstances. Well, I think it’s important.

00:40:52,630	To realize that we have the the zoning ordinance. So we don’t have areas that are just become a collection for whatever, you know, there’s criteria to all them. Yeah, storage or whatever the case may be.

00:41:09,370	You can have a repair shop that takes your cars and repairs and put them out there and, you know, store things and so forth. So I think it’s important to do that. Um, I would say just overall looking at this, we’re going to, you know, we’ll move, do our work on the zoning interpretation. But I think also I think his ideas, what he’s going to do is great.

00:41:28,070	And I think if, if after reading all the pages of this packet, I think it shows that the city is willing to work with everybody to make this happen, whichever way it has to go. And, um, so it’s not an adverse situation. People will get together and this will have worked out, you know, whether whatever the call is on the zoning.

00:41:49,000	But I think it’s important that we stay consistent, uh, across and I think the, uh. I think our team has done that with this interpretation on this, based on what we’ve seen in the past, too. So. Any additional discussion? Okay. If you take roll on the motion. The board member Wangler. Yes. Janssen. Yes. Seifert. Yes. Lee. Yes. Clerk.

00:42:27,100	Yes. Okay. So that, um, motion passes. So we’re going to uphold the interpretation as we talked about, um, during our discussion, there is a period of appeal, if that wants to be appealed. Um. Otherwise we will to the commission.

00:42:52,830	Uh, otherwise we will close our, our business on, on that item, on our agenda. The only other thing we’ve got on our agenda is other business. And I don’t have anything listed under other business, do you? Are we missing anything? No, no. Okay, so our next meeting, um, assuming we’ve got agenda items is October 1st. Is that right? That is correct, chair. October 1st with a September 8th deadline.

00:43:14,630	Okay, okay, so we’re just sneaking up on that deadline for for October. Uh, no further business before us. We’ll